Is the sole basis for asking for the restrictions due to his sexuality?
If that's the case you will have a hard time explaining this in court. HOWEVER, you could argue that you don't think he should have custody while he is living with someone (if the relationship is fairly new) how old is your daughter?
She is 8. The relationship is not new almost two years now, but my daughter does not know and we are planning to tell her next week. Move in date is January 1
If your daughter doesn't know then that would be grounds. Why hasn't he told her? I would be cautious of having her instantly plummeted into that environment. You might move for gradual visitations over time. Once your daughter adjusts to the change then she can go and have overnights at their house. This will be a tough situation for her to deal with.
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